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Labor and Employment Lawyer in Sarasota
If you've been underpaid, misclassified, or denied overtime, we fight wage & hour theft to recover the compensation you’ve earned and hold employers accountable.
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Laws That Protect Workers in Florida
The Fair Labor and Standards Act (FLSA) is a federal statute that offers protections for workers and mandates that employers maintain a standard of fairness. Florida labor laws can differ from the federal standards, so it’s important to be familiar with both.
- Minimum Wage: The federal minimum wage is set at $7.25, in Florida, it’s $8.46 per hour. This can be violated if an employee’s hours worked aren’t recorded properly or a worker is paid less hourly than stipulated by law.
- Overtime: While there are no Florida-specific laws regarding overtime pay, federal laws require an employee to be paid 1.5x their normal wage when their total hours exceed 40 in a week. This “time-and-a-half” overtime pay is commonly ignored by employers.
- Emergency Leave: Employees are allowed 12 weeks of unpaid leave within a 12 month period under the Family and Medical Leave Act (FMLA). This federal law can be utilized in cases of illness/injury, newborn childcare, or a serious medical condition within the family.
- Unpaid Wages: Unfortunately, there are no Florida-specific laws that deal with how frequently an employer is required to pay their employees. However, an employee does have the right to secure their lost wages (plus penalties) if they file an unpaid wages claim against their employer.
Workplace Discrimination
A workplace should be an equal opportunity environment where all employees are treated fairly, regardless of their personal attributes. However, some employers still utilize discriminatory practices towards their employees. Here are a few examples:
- Refusal to hire or promote based on personal attributes
- Inclusion of irrelevant job responsibilities to exclude certain groups
- Advertising open positions in ways that exclude specific groups
- Refusal to accommodate religious practices, disabilities, or customs
- Enforcing policies unequally
Discrimination in the workplace is unnacceptable by any means. If you have been victim to these unfair practices, you may be eligible for compensation.
Hostile Work Environments
Employers should foster and maintain a positive workplace environment for their employees. Toxic behaviors, such as harassment and discrimination, harm employees and stifle their ability to perform their occupational duties. While the employer might not be directly responsible for the toxic behaviors, they might be liable for that damage due to their responsibility to maintain control of their workplace.
Contact a Labor and Employment Lawyer
If you or a loved one has become the victim of labor law violations, contact our Sarasota office today. We’ve won over $9 billion for our clients and want to help you too.
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